Opinion
CR 04-74
Opinion delivered February 12, 2004
APPEAL ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on clerk.
Motion for Rule on Clerk; granted.
Gregory E. Bryant, for appellant.
No response.
Appellants Mary Hiang and Consuella Terrell, by and through their attorney, Gregory E. Bryant, have filed a motion for rule on clerk. Mr. Bryant admits responsibility for failing to timely file the record due to a mistake on his part. [1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) ( per curiam).
The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.